ESI Energy LLC, Eagle Killing, California 2023

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California Wind Energy Company Sentenced for Killing Eagles

ESI Energy LLC, a wholly owned subsidiary of NextEra Energy Resources LLC, has been sentenced to a fine of $1,861,600 and restitution in the amount of $6,210,991 for violating the Migratory Bird Treaty Act (MBTA). The company pleaded guilty to three counts of killing eagles due to blunt force trauma from being struck by wind turbine blades at its facilities in Wyoming and New Mexico.

According to the plea agreement, ESI Energy LLC acknowledged that at least 150 bald and golden eagles have died in total since 2012, across 50 of its 154 wind energy facilities. 136 of those deaths have been affirmatively determined to be attributable to the eagle being struck by a wind turbine blade.

The court also ordered ESI Energy LLC to follow an Eagle Management Plan (EMP) for a period of five years, which requires the implementation of measures intended to minimize additional eagle deaths and injuries, and payment of compensatory mitigation for future eagle deaths and injuries of $29,623 per bald or golden eagle.

Assistant Attorney General Todd Kim stated, “The Justice Department will enforce the nation’s wildlife laws to promote Congress’s purposes, including ensuring sustainable populations of bald and golden eagles, and to promote fair competition for companies that comply.” U.S. Attorney L. Robert Murray added, “Wyoming is graced with abundant natural resources – including both eagles and strong winds. The sentencing today shows our commitment to both maintaining and making sustainable use of our resources.”

ESI Energy LLC owns wind energy facilities in multiple states, including Wyoming, New Mexico, Arizona, California, Colorado, Illinois, North Dakota, and Michigan. The company has agreed to apply for permits for any unavoidable take of eagles at each of 50 of its facilities where take is documented or predicted over the next 36 months.

With this sentencing, the U.S. government has taken a significant step in holding companies accountable for their actions and ensuring that they comply with federal laws related to wildlife conservation.

Defendant: ESI Energy LLC, 3 counts of violating the Migratory Bird Treaty Act (MBTA), Cheyenne, Wyoming, 3/2023, Fine: $1,861,600, Restitution: $6,210,991.